Medical examinations.
San José Municipal Code § 3.28.1250
in effect3.28.1250 - Medical examinations.
A. The independent medical panel on its own motion at any time may, or upon a request from the Retirement Board, and upon receipt of an application for disability retirement shall refer the disability claim to the independent medical panel to determine whether such member is disabled or incapacitated for the performance of duty, and to determine whether such disability or incapacity for performance of duty is a service-connected or nonservice-connected disability in those situations where the member's eligibility for disability retirement, or the amount of disability retirement allowance to which the member may be entitled, is dependent upon such determination. Prior to the independent medical panel making a disability determination, the Board shall determine whether the member meets any other requirements for disability retirement eligibility under this Part 10. Once the independent medical panel (or upon appeal, the administrative law judge) makes a disability determination, the Board shall determine the amount of such disability retirement in accordance with this Part 10.
B. In addition, the member may submit a medical report from the member's own physician or surgeon. Where application for disability retirement is made by the member or on the member's behalf, a medical report by said member's private physician or surgeon may be submitted with the application. The independent medical panel may require additional medical examinations or procure or require additional or other evidence before determining a member's disability.
C. Where application for disability retirement is made by a member and one (1) or more panel proceedings are held for the purpose of determining questions involving any right, benefit or obligation of a person under this Part 10, both the applicant and the City may have legal counsel present at any hearings. In addition, any decision made by the independent medical panel to approve or deny an application for disability retirement may be appealed to an administrative law judge pursuant to the provisions governing hearings by the State of California Office of Administrative Hearings, General Jurisdictional Division, by the City or member. The request for appeal must be made in writing within forty-five (45) days of the independent medical panel's decision. The hearing before the administrative law judge must be scheduled within ninety (90) days of the notice of appeal unless a later date is agreed upon by the City and the member and approved by the administrative law judge. The administrative law judge's decision, or the independent medical panel's decision in the absence of an administrative law judge's decision, will be a binding determination within the meaning of California Code of Civil Procedure Section 1094.5 and shall be based on the information and documentation presented to the independent medical panel.
D. All medical information under the control of the City and the member, including reports in connection with Workers Compensation claims or proceedings to the extent permitted by law, shall be made available to the City's Medical Director, the Retirement Board and the independent medical panel upon their request.
(Prior code § 2904.1457; Ords. 19283, 26846, 29904.)
Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT3PE_IIREPL_CH3.281975FEEMREPL_PT10REDI_3.28.1250MEEXFetched: 11/1/2026